Indiana Travel Time and FLSA
Posted by Tamara
Indiana employers are not required to pay for the time it takes for their employees to commute to and from their work site. This is true even for temporary job sites, provided the commute falls within a normal commute range.
It is normal and customary for employees to start their paid workday when they arrive at work and for their paid time to stop when they leave to return home. Employers would however be expected to pay for travel time beyond what would be considered normal commute time.
What constitutes a normal commute time will vary from location to location, and from situation to situation. Larger metropolitan areas with more congestion and a more widespread geographic area would normally have longer commute times than smaller towns and cities. There is not specific formula for determining what amounts to a “normal” commute time. For instance, an employee in New York City would be expected to navigate a longer commute to work, without pay, than an employee in rural Upstate New York.
The federal Fair Labor Standards Act of 1938 established the principles that govern travel time. The rules and regulations are enforced by the U. S. Department of Labor through its Wage and Hour Division.
When employees are asked to go to a different job location that requires significant additional travel time, then that additional time should be paid. Employer may deduct the normal time for the commute, but any extra time should be paid, provided it is outside the normal metro area.
Suppose Carl manages a fast-food franchise on the south side of Gary. Carls’ boss schedules him to attend a food safety seminar downtown. Even if Carl has to drive a bit further to attend the event, it’s still within the city’s normal commuting range. However, if Carl’s boss schedules him to attend the training in Indianapolis, Carl would probably be entitled to payment for the additional travel time.
Employees are sometimes required to travel to multiple locations during the course of the work day. In most cases, travel time during the course of the day should be paid for by the employer. This is true no matter if the vehicle used is a personal vehicle or a company car.
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